Commonwealth Consolidated Regulations

RETIREMENT SAVINGS ACCOUNTS REGULATIONS 1997 - REG 4.17A

                Benefits rolled over or transferred to an RSA are unrestricted non‑preserved benefits if:

                (a)    the benefits were rolled over or transferred from:

                          (i)    a superannuation fund ( Fund A ) during its transitional period; or

                         (ii)    a regulated superannuation fund or an approved deposit fund to which the benefits were rolled over or transferred from a superannuation fund ( Fund B ) during its transitional period; and

               (b)    the RSA provider is reasonably satisfied that:

                          (i)    during the transitional period of Fund A or Fund B, there arose in relation to the benefits a circumstance that would have resulted in the satisfaction of a condition of release and a 'Nil' cashing restriction if the SIS Regulations applied; or

                         (ii)    before the benefits were rolled over or transferred to Fund A or Fund B from a regulated superannuation fund or an approved deposit fund, the relevant cashing restriction set out in Schedule 1 of the SIS Regulations in respect of the benefits was 'Nil'.